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0410 BP Board Policy

Nondiscrimination In District Programs And Activities

The Board of Education is committed to providing equal opportunity for all individuals in district programs and activities. District programs, activities and practices shall be free from unlawful discrimination including discrimination against an individual or group based on gender, sex, race, color, religion, ancestry, nationality, national origin, immigration status, ethnic group identification, ethnicity, age, religion, marital or parental status, pregnancy, physical or mental disability, sex, sexual orientation, gender, gender identity, gender expression, or genetic information, a perception of one or more of such characteristics; or association with a person or group with one or more of these actual or perceived characteristics. The Board shall promote programs that ensure that discriminatory practices are eliminated in all district activities. All individuals shall be treated equitably in the receipt of district and school services. Personally identifiable information collected in the implementation of any district program, including, but not limited to, student and family information for the free and reduced-price lunch program, transportation, or any other educational program, shall be used only for the purposes of the program, except when the Superintendent or designee authorizes its use for another purpose in accordance with law. Resources and data collected by the district shall not be used, directly or by others, to compile a list, registry, or database of individuals based on race, gender, sexual orientation, religion, ethnicity, national origin, or immigration status or any other category identified above. District programs and activities shall be free of any racially derogatory or discriminatory school or athletic team names, mascots, or nicknames. The Superintendent or designee shall annually review district programs and activities to ensure the removal of any derogatory or discriminatory name, image, practice, or other barrier that may unlawfully prevent an individual or group in any of the protected categories stated above from accessing district programs and activities. They shall take prompt, reasonable actions to remove any identified barrier. The Superintendent or designee shall report their findings and recommendations to the Board after each review. All allegations of unlawful discrimination in district programs and activities shall be investigated and resolved in accordance with the procedures specified in AR 1312.3 - Uniform Complaint Procedures. Pursuant to 34 CFR 104.8 and 34 CFR 106.9, the Superintendent or designee shall notify students, parents/guardians, employees, employee organizations, applicants for admission and employment, and sources of referral for applicants about the district's policy on nondiscrimination and related complaint procedures. Such notification shall be included in the annual parental notification distributed pursuant to Education Code 48980 and, as applicable, in announcements, bulletins, catalogs, handbooks, application forms, or other materials distributed by the district. The notification shall also be posted on the district's web site and social media and in district schools and offices, including staff lounges, student government meeting rooms, and other prominent locations as appropriate. In addition, the annual parental notification shall inform parents/guardians of their children's right to a free public education regardless of immigration status or religious beliefs, including information on educational rights issued by the California Attorney General. Alternatively, such information may be provided through any other cost-effective means determined by the Superintendent or designee. (Education Code 234.7) The district's nondiscrimination policy and related informational materials shall be published in a format that parents/guardians can understand. In addition, when 15 percent or more of a school's students speak a single primary language other than English, those materials shall be translated into that other language. Access for Individuals with Disabilities District programs and facilities, viewed in their entirety, shall be in compliance with the Americans with Disabilities Act (ADA) and any implementing standards and/or regulations. When structural changes to existing district facilities are needed to provide individuals with disabilities access to programs, services, activities, or facilities, the Superintendent or designee shall develop a transition plan that sets forth the steps for completing the changes. The Superintendent or designee shall ensure that the district provides auxiliary aids and services when necessary to afford individuals with disabilities equal opportunity to participate in or enjoy the benefits of a service, program or activity. These aids and services may include, but are not limited to, qualified interpreters or readers, assistive listening devices, assistive technologies or other modifications to increase accessibility to district and school web sites, note takers, written materials, taped text, and Braille or large print materials. Individuals with disabilities shall notify the Superintendent or principal if they have a disability that requires special assistance or services. Reasonable notification should be given prior to the school-sponsored function, program or meeting. The individual identified in AR 1312.3 - Uniform Complaint Procedures as the employee responsible for coordinating the district's response to complaints and for complying with state federal civil rights laws is hereby designated as the district's ADA coordinator. They shall receive and address requests for accommodation submitted by individuals with disabilities, and shall investigate and resolve complaints regarding their access to district programs, services, activities, or facilities. Executive Director 750 Bradford Street Redwood City, CA 94063 (650) 423-2200 [email protected]

Legal & Management References

State
5 CCR 4600-4670 - Uniform complaint procedures
5 CCR 4900-4965 - Nondiscrimination in elementary and secondary educational programs receiving state or federal financial assistance
Ed. Code 200-262.4 - Prohibition of discrimination
Ed. Code 33315 - Uniform complaint procedures
Ed. Code 48980 - Parent/Guardian notifications
Ed. Code 48985 - Notices to parents/guardians in language other than English
Ed. Code 51007 - Legislative intent: state policy
Ed. Code 51204.5 - Social sciences instruction; contributions of specified groups
Ed. Code 51501 - Nondiscriminatory subject matter
Ed. Code 60010 - Instructional materials; definition
Ed. Code 60040-60052 - Requirements for instructional materials
Gov. Code 11000 - Definitions
Gov. Code 11135 - Prohibition of discrimination
Gov. Code 12900-12996 - Fair Employment and Housing Act
Gov. Code 54953 - Meetings; Americans with Disabilities Act accessibility
Gov. Code 54953.2 - Brown Act compliance with Americans with Disabilities Act
Gov. Code 8310.3 - California Religious Freedom Act
Pen. Code 422.55 - Definition of hate crime
Pen. Code 422.6 - Crimes; harassment
Federal
20 USC 1400-1482 - Individuals with Disabilities Education Act
20 USC 1681-1688 - Title IX of the Education Amendments of 1972; discrimination based on sex
20 USC 2301-2414 - Strengthening Career and Technical Education for the 21st Century Act
20 USC 6311 - State plan
20 USC 6312 - Local educational agency plan
28 CFR 35.101-35.190 - Americans with Disabilities Act
28 CFR 36.303 - Nondiscrimination on the basis of disability; public accommodations, auxiliary aids, and services
29 USC 621 - Age discrimination in employment
29 USC 794 - Rehabilitation Act of 1973; Section 504
34 CFR 100.1-100.13 - Nondiscrimination in federal programs; effectuating Title VI
34 CFR 104.1-104.39 - Section 504 of the Rehabilitation Act of 1973
34 CFR 106.1-106.82 - Discrimination on the basis of sex; effectuating Title IX
42 USC 12101-12213 - Americans with Disabilities Act
42 USC 2000d-2000d-7 - Title VI, Civil Rights Act of 1964
42 USC 2000e-2000e-17 - Title VII, Civil Rights Act of 1964, as amended
Management Resources
CA Civil Rights Department Publication - California Law Prohibits Workplace Discrimination and Harassment, January 2024
CA Department of Health Care Services Publication - Policy and Procedures Letter No. 21-017R, December 2021
CA Department of Health Care Services Publication - Policy and Procedures Letter No. 23-004, February 2023
CA Office of the Attorney General Publication - Guidance to School Officials re: Legal Requirements for Providing Inclusive Curricula and Books, January 2024
CA Office of the Attorney General Publication - Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California’s K-12 Schools in Responding to Immigration Issues, April 2018
Court Decision - Burlington Northern and Santa Fe Ry. Co. v. White (2006) 548 U.S. 53
Court Decision - Tennessee v. Cardona (2024) 737 F.Supp.3d 510
Court Decision - Students for Fair Admissions v. Harvard (2024) 600 U.S. 181
Court Decision - Olmstead v. L.C. ex rel. Zimring (1999) 527 U.S. 581
Court Decision - McDonnell Douglas Corp v. Green (1973) 411 U.S. 792
Court Decision - John T. D. v. River Delta Joint Unified School District (2021) WL 5176356
CSBA Publication - Reference: State Roles, Responsibilities, and Process for Instructional Materials Adoption, February 2024
CSBA Publication - Fact Sheet: Instructional Materials Adoption: Local governing board responsibilities, February 2024
CSBA Publication - Instructional Materials Adoptions: State and local governing board processes, roles, and responsibilities, February 2024
Federal Register - Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, May 19, 2020, Vol. 85, No. 97, pages 30026-30579
U.S. Department of Education Publication - Guidance on Constitutionally Protected Prayer and Religious Expression in Public Elementary and Secondary Schools, May 2023
U.S. DOE, Office for Civil Rights Publication - Frequently Asked Questions About Racial Preferences and Stereotypes Under Title VI of the Civil Rights Act, February 28, 2025
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Title VI of the Civil Rights Act in Light of Students For Fair Admissions v. Harvard, February 14, 2025
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Enforcement of Title IX under the provisions of the 2020 Title IX Rule, February 4, 2025
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Protecting Students from Discrimination, such as Harassment, Based on Race, Color, or National Origin, Including Shared Ancestry or Ethnic Characteristics, May 2024
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Discrimination, Including Harassment, Based on Shared Ancestry or Ethnic Characteristics, November 2023
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Frequently Asked Questions About the June 29, 2010, Dear Colleague Letter, May 26, 2011
U.S. DOE, Office for Civil Rights Publication - Dear Colleague Letter: Electronic Book Readers, June 29, 2010
U.S. DOE, Office for Civil Rights Publication - Nondiscrimination in Employment Practices in Education, August 1991
U.S. DOJ, Civil Rights Division Publication - Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments, April 2024
U.S. DOJ, Civil Rights Division Publication - Guidance on Web Accessibility and the ADA, March 2022
U.S. DOJ, Civil Rights Division Publication - Accessibility of State and Local Government Websites to People with Disabilities, February 2020
U.S. DOJ, Civil Rights Division Publication - 2010 ADA Standards for Accessible Design, September 2010
Website - CSBA District and County Office of Education Legal Services
Website - Pacific ADA Center
Website - U.S. Department of Justice, Civil Rights Division, Disability Rights Section
Website - World Wide Web Consortium, Web Accessibility Initiative
Website - California Office of the Attorney General
Website - California Safe Schools Coalition
Website - CSBA
Website - California Department of Education
Website - California Civil Rights Department
Website - U.S. Department of Education, Office for Civil Rights
Website - California Department of Health Care Services
Website - U.S. Equal Employment Opportunity Commission
World Wide Web Consortium Publication - Web Content Accessibility Guidelines, September 2023

Cross References

0100 BP Philosophy
0415 AR Equity
3311 AR Bids
4119.21-E PDF(1) AR Professional Standards
5131.2 AR Bullying
6142.3 BP Civic Education
6163.4-E PDF(1) AR Student Use Of Technology